83 FR 3861 - Qualification of Drivers; Exemption Applications; Vision
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 83, Issue 18 (January 26, 2018)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 18 (January 26, 2018)
| Page Range | 3861-3863 | |
| FR Document | 2018-01401 |
[Federal Register Volume 83, Number 18 (Friday, January 26, 2018)] [Notices] [Pages 3861-3863] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-01401] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-1999-5578; FMCSA-1999-5748; FMCSA-2000-7918; FMCSA- 2004-17984; FMCSA-2005-20027; FMCSA-2005-20560; FMCSA-2005-21254; FMCSA-2005-21711; FMCSA-2007-27897; FMCSA-2007-29019; FMCSA-2009-0086; FMCSA-2009-0206; FMCSA-2011-0057; FMCSA-2011-0124; FMCSA-2011-0189; FMCSA-2013-0029; FMCSA-2014-0298; FMCSA-2014-0302; FMCSA-2014-0304; FMCSA-2015-0055; FMCSA-2015-0056] Qualification of Drivers; Exemption Applications; Vision AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of renewal of exemptions; request for comments. ----------------------------------------------------------------------- SUMMARY: FMCSA announces its decision to renew exemptions for 60 individuals from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) for interstate commercial motor vehicle (CMV) drivers. The exemptions enable these individuals to continue to operate CMVs in interstate commerce without meeting the vision requirements in one eye. DATES: Each group of renewed exemptions were applicable on the dates stated in the discussions below and will expire on the dates stated in the discussions below. Comments must be received on or before February 26, 2018. FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, Medical Programs Division, 202-366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224, Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA-1999-5578; FMCSA-1999-5748; FMCSA-2000-7918; FMCSA-2004-17984; FMCSA-2005-20027; FMCSA-2005-20560; FMCSA-2005-21254; FMCSA-2005-21711; FMCSA-2007-27897; FMCSA-2007-29019; FMCSA-2009-0086; FMCSA-2009-0206; FMCSA-2011-0057; FMCSA-2011-0124; FMCSA-2011-0189; FMCSA-2013-0029; FMCSA-2014-0298; FMCSA-2014-0302; FMCSA-2014-0304; FMCSA-2015-0055; FMCSA-2015-0056 using any of the following methods:Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting comments. Mail: Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor, Room W12-140, Washington, DC 20590-0001. Hand Delivery: West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal Holidays. Fax: 1-202-493-2251. Instructions: Each submission must include the Agency name and the docket number(s) for this notice. Note that all comments received will be posted without change to http://www.regulations.gov, including any personal information provided. Please see the Privacy Act heading below for further information. Docket: For access to the docket to read background documents or comments, go to http://www.regulations.gov at any time or Room W12-140 on the ground level of the West Building, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays. The FDMS is available 24 hours each day, e.t., 365 days each year. If you want acknowledgment that we received your comments, please include a self-addressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments online. Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to http://www.regulations.gov, as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at http://www.dot.gov/privacy. I. Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption for five years if it finds ``such exemption would likely achieve a level of safety that is equivalent to or greater than the level that would be achieved absent such exemption.'' The statute also allows the Agency to renew exemptions at the end of the five-year period. FMCSA grants exemptions from the FMCSRs for a two-year period to align with the maximum duration of a driver's medical certification. The physical qualification standard for drivers regarding vision found in 49 CFR 391.41(b)(10) states that a person is physically qualified to driver a CMV if that person has distant visual acuity of at least 20/40 (Snellen) in each eye without corrective lenses or visual acuity separately corrected to 20/40 (Snellen) or better with corrective lenses, distant binocular acuity of a least 20/40 (Snellen) in both eyes with or without corrective lenses, field of vision of at least 70[deg] in the horizontal meridian in each eye, and the ability to recognize the colors of traffic signals and devices showing red, green, and amber. The 60 individuals listed in this notice have requested renewal of their exemptions from the vision standard in 49 CFR 391.41(b)(10), in accordance with FMCSA procedures. Accordingly, FMCSA has evaluated these applications for renewal on their merits and decided to extend each exemption for a renewable two-year period. II. Request for Comments Interested parties or organizations possessing information that would otherwise show that any, or all, of these drivers are not currently achieving the statutory level of safety should immediately notify FMCSA. The Agency will evaluate any adverse evidence submitted and, if safety is being compromised or if continuation of [[Page 3862]] the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315, FMCSA will take immediate steps to revoke the exemption of a driver. III. Basis for Renewing Exemptions Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no longer than two years from its approval date and may be renewed upon application. In accordance with 49 U.S.C. 31136(e) and 31315, each of the 60 applicants has satisfied the renewal conditions for obtaining an exemption from the vision requirement (64 FR 27027; 64 FR 40404; 64 FR 51568; 64 FR 66962; 65 FR 66286; 66 FR 13825; 66 FR 63289; 68 FR 13360; 68 FR 64944; 69 FR 33997; 69 FR 61292; 70 FR 12265; 70 FR 16887; 70 FR 17504; 70 FR 2701; 70 FR 30997; 70 FR 30999; 70 FR 46567; 70 FR 48797; 70 FR 61493; 70 FR 67776; 71 FR 55820; 72 FR 11426; 72 FR 39879; 72 FR 40359; 72 FR 40362; 72 FR 52419; 72 FR 54971; 72 FR 58362; 72 FR 62896; 72 FR 64273; 72 FR 67344; 73 FR 65009; 74 FR 19267; 74 FR 28094; 74 FR 34074; 74 FR 34394; 74 FR 41971; 74 FR 43217; 74 FR 43221; 74 FR 49069; 74 FR 57551; 74 FR 57553; 74 FR 62632; 74 FR 8302; 76 FR 12216; 76 FR 18824; 76 FR 29024; 76 FR 32016; 76 FR 34136; 76 FR 4413; 76 FR 44653; 76 FR 53708; 76 FR 54530; 76 FR 55463; 76 FR 55465; 76 FR 62143; 76 FR 66123; 76 FR 67246; 76 FR 70212; 76 FR 70215; 78 FR 18667; 78 FR 32703; 78 FR 34143; 78 FR 52602; 78 FR 64280; 78 FR 77782; 78 FR 78477; 79 FR 24298; 79 FR 4531; 79 FR 69985; 80 FR 12248; 80 FR 14223; 80 FR 16500; 80 FR 25768; 80 FR 29152; 80 FR 33011; 80 FR 44188; 80 FR 50917; 80 FR 53383; 80 FR 59225; 80 FR 59230; 80 FR 62161; 80 FR 63869; 80 FR 8927; 81 FR 1284). They have submitted evidence showing that the vision in the better eye continues to meet the requirement specified at 49 CFR 391.41(b)(10) and that the vision impairment is stable. In addition, a review of each record of safety while driving with the respective vision deficiencies over the past two years indicates each applicant continues to meet the vision exemption requirements. These factors provide an adequate basis for predicting each driver's ability to continue to drive safely in interstate commerce. Therefore, FMCSA concludes that extending the exemption for each renewal applicant for a period of two years is likely to achieve a level of safety equal to that existing without the exemption. In accordance with 49 U.S.C. 31136(e) and 31315, the following groups of drivers received renewed exemptions in the month of November and are discussed below: As of November 3, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 31 individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (65 FR 66286; 66 FR 13825; 68 FR 13360; 70 FR 12265; 70 FR 16887; 70 FR 2701; 70 FR 30999; 70 FR 46567; 70 FR 48797; 70 FR 61493; 72 FR 11426; 72 FR 40359; 72 FR 54971; 72 FR 62896; 74 FR 19267; 74 FR 28094; 74 FR 34074; 74 FR 43221; 74 FR 49069; 74 FR 8302; 76 FR 12216; 76 FR 32016; 76 FR 44653; 76 FR 53708; 76 FR 62143; 78 FR 18667; 78 FR 32703; 78 FR 34143; 78 FR 52602; 78 FR 77782; 78 FR 78477; 79 FR 4531; 79 FR 69985; 80 FR 12248; 80 FR 14223; 80 FR 16500; 80 FR 25768; 80 FR 29152; 80 FR 33011; 80 FR 44188; 80 FR 50917; 80 FR 53383; 80 FR 59225; 80 FR 59230; 80 FR 62161; 80 FR 8927; 81 FR 1284): Steven B. Anderson (ID) Harjot S. Aujla (WA) Gregory W. Babington (MA) Brian M. Bowman (TN) Robert J. Burns (KY) Kevin R. Cowger (ID) Kenneth D. Daniels (PA) Mark P. Davis (ME) Kenneth W. Dunn (TN) John A. Gartner (MN) Elias Gomez, Jr. (TX) Keith N. Hall (UT) Steven E. Hayes (IN) Amos S. Hostetter (OH) Stephen C. Linardos (FL) Daniel C. Linares (CA) Ray J. Liner (LA) Robert E. Mayers (MN) Ross E. McCleary (NE) James G. Miles (TN) Pablo R. Murillo (TX) Vincent E. Perkins (MA) Alonzo K. Rawls (NJ) Berry A. Rodrigue (LA) Roger D. Rogers (PA) Juan M. Rosas (AZ) Dale R. Sweigart (PA) Charles D. Theademan (WA) Arnulfo J. Valenzuela (TX) Danny L. Watson (TN) William E. Zezulka (MN) The drivers were included in docket numbers FMCSA-2000-7918; FMCSA- 2005-20027; FMCSA-2005-21254; FMCSA-2005-21711; FMCSA-2009-0086; FMCSA- 2013-0029; FMCSA-2014-0298; FMCSA-2014-0302; FMCSA-2014-0304; FMCSA- 2015-0055; FMCSA-2015-0056. Their exemptions are applicable as of November 3, 2017, and will expire on November 3, 2019. As of November 6, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 13 individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (70 FR 17504;70 FR 30997; 70 FR 48797; 70 FR 61493; 72 FR 39879; 72 FR 40362; 72 FR 52419; 72 FR 54971; 74 FR 34394; 74 FR 41971; 74 FR 43217; 74 FR 49069; 74 FR 57551; 76 FR 18824; 76 FR 29024; 76 FR 34136; 76 FR 54530; 76 FR 55463; 76 FR 55465; 76 FR 66123; 76 FR 67246; 78 FR 34143; 78 FR 52602; 78 FR 77782; 78 FR 78477; 79 FR 24298; 80 FR 63869): James J. Doan (PA) James E. Fix (SC) James P. Greene (NY) Michael A. Lawson (KY) Steven R. Lechtenberg (NE) Joseph L. Mast (OR) Jesse R. McClary, Sr. (MO) Roy L. Morgan (IL) Steven D. O'Donnell (NJ) Gerald J. Shamla (MN) Halman Smith (DE) Jerry W. Stanfill (AR) Scott C. Teich (MN) The drivers were included in docket numbers FMCSA-2005-20560; FMCSA-2005-21711; FMCSA-2007-27897; FMCSA-2009-0206; FMCSA-2011-0057; FMCSA-2011-0124; FMCSA-2011-0189; FMCSA-2013-0029. Their exemptions are applicable as of November 6, 2017, and will expire on November 6, 2019. As of November 28, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following eight individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (69 FR 33997; 69 FR 61292; 70 FR 48797; 70 FR 61493; 71 FR 55820; 72 FR 54971; 72 FR 58362; 72 FR 67344; 73 FR 65009; 74 FR 49069; 74 FR 57553; 76 FR 4413; 76 FR 70212; 80 FR 63869): Robert W. Bequeaith (IA) Clarence N. Florey, Jr. (PA) Loren H. Geiken (SD) Michael A. Hershberger (OH) Patrick J. Hogan, Jr. (DE) Amilton T. Monterio (MA) David G. Oakley (SC) Brent L. Seaux (LA) The drivers were included in docket numbers FMCSA-2004-17984; FMCSA-2005-21711; FMCSA-2007-29019. Their exemptions are applicable as of November 28, 2017, and will expire on November 28, 2019. As of November 30, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following eight individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (64 FR 27027; 64 [[Page 3863]] FR 40404; 64 FR 51568; 64 FR 66962; 66 FR 63289; 68 FR 64944; 70 FR 48797; 70 FR 61493; 70 FR 67776; 72 FR 64273; 74 FR 62632; 76 FR 70215; 78 FR 64280; 80 FR 63869): Terry J. Aldrige (MS) Lennie D. Baker, Jr. (NC) Jerry D. Bridges (TX) Gary R. Gutschow (WI) James J. Hewitt (WI) James R. Murphy (NY) Thomas E. Walsh (CA) Kevin P. Weinhold (MA) The drivers were included in docket numbers FMCSA-1999-5578; FMCSA- 2005-21711. Their exemptions are applicable as of November 30, 2017, and will expire on November 30, 2019. IV. Conditions and Requirements The exemptions are extended subject to the following conditions: (1) Each driver must undergo an annual physical examination (a) by an ophthalmologist or optometrist who attests that the vision in the better eye continues to meet the requirements in 49 CFR 391.41(b)(10), and (b) by a certified Medical Examiner, as defined by 49 CFR 390.5, who attests that the driver is otherwise physically qualified under 49 CFR 391.41; (2) each driver must provide a copy of the ophthalmologist's or optometrist's report to the Medical Examiner at the time of the annual medical examination; and (3) each driver must provide a copy of the annual medical certification to the employer for retention in the driver's qualification file or keep a copy of his/her driver's qualification if he/her is self-employed. The driver must also have a copy of the exemption when driving, for presentation to a duly authorized Federal, State, or local enforcement official. The exemption will be rescinded if: (1) The person fails to comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was maintained before it was granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315. V. Preemption During the period the exemption is in effect, no State shall enforce any law or regulation that conflicts with this exemption with respect to a person operating under the exemption. VI. Conclusion Based upon its evaluation of the 60 exemption applications, FMCSA renews the exemptions of the aforementioned drivers from the vision requirement in 49 CFR 391.41(b)(10), subject to the requirements cited above. In accordance with 49 U.S.C. 31136(e) and 31315, each exemption will be valid for two years unless revoked earlier by FMCSA. Issued on: January 19, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018-01401 Filed 1-25-18; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 83, No. 18 / Friday, January 26, 2018 / Notices 3861
as it appears on your government-issued the discussions below. Comments must e.t., 365 days each year. If you want
photo identification (U.S. driver’s be received on or before February 26, acknowledgment that we received your
license or passport for non-U.S. 2018. comments, please include a self-
citizens). Federal PIV cards will not be FOR FURTHER INFORMATION CONTACT: Ms. addressed, stamped envelope or
accepted as a valid form of Christine A. Hydock, Chief, Medical postcard or print the acknowledgement
identification. You will need to show Programs Division, 202–366–4001, page that appears after submitting
the same identification upon check-in. fmcsamedical@dot.gov, FMCSA, comments online.
Please contact HTC@harris.com should Privacy Act: In accordance with 5
Department of Transportation, 1200
you have questions or difficulties with U.S.C. 553(c), DOT solicits comments
New Jersey Avenue SE, Room W64–224,
the form. (This submission form is from the public to better inform its
Washington, DC 20590–0001. Office
encrypted to protect your personal rulemaking process. DOT posts these
hours are from 8:30 a.m. to 5 p.m., e.t.,
information.) comments, without edit, including any
Monday through Friday, except Federal
With the approval of the Chairman, personal information the commenter
holidays. If you have questions provides, to http://www.regulations.gov,
members of the public may present oral regarding viewing or submitting
statements at the meeting. Persons as described in the system of records
material to the docket, contact Docket notice (DOT/ALL–14 FDMS), which can
wishing to present statements or obtain Services, telephone (202) 366–9826.
information should contact the person be reviewed at http://www.dot.gov/
ADDRESSES: You may submit comments privacy.
listed in the FOR FURTHER INFORMATION
CONTACT section. Members of the public
bearing the Federal Docket Management
System (FDMS) Docket No. FMCSA– I. Background
may present a written statement to the
committee at any time. 1999–5578; FMCSA–1999–5748; Under 49 U.S.C. 31136(e) and 31315,
FMCSA–2000–7918; FMCSA–2004– FMCSA may grant an exemption for five
Issued in Washington, DC, on January 23, 17984; FMCSA–2005–20027; FMCSA– years if it finds ‘‘such exemption would
2018.
2005–20560; FMCSA–2005–21254; likely achieve a level of safety that is
Mohannad Dawoud, FMCSA–2005–21711; FMCSA–2007– equivalent to or greater than the level
Management & Program Analyst, Partnership 27897; FMCSA–2007–29019; FMCSA– that would be achieved absent such
Contracts Branch, ANG–A17 NextGen, 2009–0086; FMCSA–2009–0206; exemption.’’ The statute also allows the
Procurement Services Division, Federal
Aviation Administration.
FMCSA–2011–0057; FMCSA–2011– Agency to renew exemptions at the end
0124; FMCSA–2011–0189; FMCSA– of the five-year period. FMCSA grants
[FR Doc. 2018–01481 Filed 1–25–18; 8:45 am]
2013–0029; FMCSA–2014–0298; exemptions from the FMCSRs for a two-
BILLING CODE 4910–13–P
FMCSA–2014–0302; FMCSA–2014– year period to align with the maximum
0304; FMCSA–2015–0055; FMCSA– duration of a driver’s medical
DEPARTMENT OF TRANSPORTATION 2015–0056 using any of the following certification.
methods: The physical qualification standard
Federal Motor Carrier Safety • Federal eRulemaking Portal: Go to for drivers regarding vision found in 49
Administration http://www.regulations.gov. Follow the CFR 391.41(b)(10) states that a person is
online instructions for submitting physically qualified to driver a CMV if
[Docket No. FMCSA–1999–5578; FMCSA– comments. that person has distant visual acuity of
1999–5748; FMCSA–2000–7918; FMCSA– • Mail: Docket Management Facility;
2004–17984; FMCSA–2005–20027; FMCSA–
at least 20/40 (Snellen) in each eye
2005–20560; FMCSA–2005–21254; FMCSA– U.S. Department of Transportation, 1200 without corrective lenses or visual
2005–21711; FMCSA–2007–27897; FMCSA– New Jersey Avenue SE, West Building acuity separately corrected to 20/40
2007–29019; FMCSA–2009–0086; FMCSA– Ground Floor, Room W12–140, (Snellen) or better with corrective
2009–0206; FMCSA–2011–0057; FMCSA– Washington, DC 20590–0001. lenses, distant binocular acuity of a least
2011–0124; FMCSA–2011–0189; FMCSA– • Hand Delivery: West Building 20/40 (Snellen) in both eyes with or
2013–0029; FMCSA–2014–0298; FMCSA– Ground Floor, Room W12–140, 1200 without corrective lenses, field of vision
2014–0302; FMCSA–2014–0304; FMCSA– New Jersey Avenue SE, Washington, of at least 70° in the horizontal meridian
2015–0055; FMCSA–2015–0056] DC, between 9 a.m. and 5 p.m., e.t., in each eye, and the ability to recognize
Monday through Friday, except Federal the colors of traffic signals and devices
Qualification of Drivers; Exemption
Holidays. showing red, green, and amber.
Applications; Vision
• Fax: 1–202–493–2251. The 60 individuals listed in this
AGENCY: Federal Motor Carrier Safety Instructions: Each submission must notice have requested renewal of their
Administration (FMCSA), DOT. include the Agency name and the exemptions from the vision standard in
ACTION: Notice of renewal of docket number(s) for this notice. Note 49 CFR 391.41(b)(10), in accordance
exemptions; request for comments. that all comments received will be with FMCSA procedures. Accordingly,
posted without change to http:// FMCSA has evaluated these
SUMMARY: FMCSA announces its www.regulations.gov, including any applications for renewal on their merits
decision to renew exemptions for 60 personal information provided. Please and decided to extend each exemption
individuals from the vision requirement see the Privacy Act heading below for for a renewable two-year period.
in the Federal Motor Carrier Safety further information.
Regulations (FMCSRs) for interstate Docket: For access to the docket to II. Request for Comments
commercial motor vehicle (CMV) read background documents or Interested parties or organizations
drivers. The exemptions enable these comments, go to http:// possessing information that would
daltland on DSKBBV9HB2PROD with NOTICES
individuals to continue to operate CMVs www.regulations.gov at any time or otherwise show that any, or all, of these
in interstate commerce without meeting Room W12–140 on the ground level of drivers are not currently achieving the
the vision requirements in one eye. the West Building, 1200 New Jersey statutory level of safety should
DATES: Each group of renewed Avenue SE, Washington, DC, between 9 immediately notify FMCSA. The
exemptions were applicable on the a.m. and 5 p.m., e.t., Monday through Agency will evaluate any adverse
dates stated in the discussions below Friday, except Federal holidays. The evidence submitted and, if safety is
and will expire on the dates stated in FDMS is available 24 hours each day, being compromised or if continuation of
VerDate Sep<11>2014 20:14 Jan 25, 2018 Jkt 244001 PO 00000 Frm 00189 Fmt 4703 Sfmt 4703 E:\FR\FM\26JAN1.SGM 26JAN1](https://thefederalregister.org/doc/83_FR_3879/page/1.svg)
![Federal Register / Vol. 83, No. 18 / Friday, January 26, 2018 / Notices 3863
FR 40404; 64 FR 51568; 64 FR 66962; requirements cited above. In accordance • Fax: 1–202–493–2251
66 FR 63289; 68 FR 64944; 70 FR 48797; with 49 U.S.C. 31136(e) and 31315, each • Each submission must include the
70 FR 61493; 70 FR 67776; 72 FR 64273; exemption will be valid for two years Agency name and the docket number for
74 FR 62632; 76 FR 70215; 78 FR 64280; unless revoked earlier by FMCSA. this notice. Note that DOT posts all
80 FR 63869): Issued on: January 19, 2018. comments received without change to
Terry J. Aldrige (MS) Larry W. Minor,
www.regulations.gov, including any
Lennie D. Baker, Jr. (NC) personal information included in a
Associate Administrator for Policy.
Jerry D. Bridges (TX) comment. Please see the Privacy Act
Gary R. Gutschow (WI) [FR Doc. 2018–01401 Filed 1–25–18; 8:45 am]
heading below.
James J. Hewitt (WI) BILLING CODE 4910–EX–P Docket: For access to the docket to
James R. Murphy (NY) read background documents or
Thomas E. Walsh (CA) comments, go to www.regulations.gov at
Kevin P. Weinhold (MA) DEPARTMENT OF TRANSPORTATION
any time or visit Room W12–140 on the
The drivers were included in docket ground level of the West Building, 1200
numbers FMCSA–1999–5578; FMCSA– Federal Motor Carrier Safety
Administration New Jersey Avenue SE, Washington,
2005–21711. Their exemptions are DC, between 9 a.m. and 5 p.m., ET,
applicable as of November 30, 2017, and [Docket No. FMCSA–2017–0342] Monday through Friday, except Federal
will expire on November 30, 2019. holidays. The on-line FDMS is available
Hours of Service of Drivers: 24 hours each day, 365 days each year.
IV. Conditions and Requirements Application for Exemption; SikhsPAC Privacy Act: In accordance with 5
The exemptions are extended subject and the North American Punjabiz U.S.C. 553(c), DOT solicits comments
to the following conditions: (1) Each Trucker Association from the public to better inform its
driver must undergo an annual physical
AGENCY: Federal Motor Carrier Safety rulemaking process. DOT posts these
examination (a) by an ophthalmologist
Administration (FMCSA), DOT. comments, without edit, including any
or optometrist who attests that the
ACTION: Notice of application for personal information the commenter
vision in the better eye continues to
exemption; request for comments. provides, to www.regulations.gov, as
meet the requirements in 49 CFR
described in the system of records
391.41(b)(10), and (b) by a certified FMCSA announces that it has
SUMMARY: notice (DOT/ALL–14 FDMS), which can
Medical Examiner, as defined by 49 CFR received a joint application from be reviewed at www.dot.gov/privacy.
390.5, who attests that the driver is SikhsPAC and the North American
otherwise physically qualified under 49 FOR FURTHER INFORMATION CONTACT: For
Punjabiz Trucker Association information concerning this notice,
CFR 391.41; (2) each driver must (applicants) on behalf of their members
provide a copy of the ophthalmologist’s contact Mr. Thomas Yager, Chief,
for an exemption from the electronic FMCSA Driver and Carrier Operations
or optometrist’s report to the Medical logging device (ELD) requirements. The
Examiner at the time of the annual Division; Office of Carrier, Driver and
exemption would allow members Vehicle Safety Standards; Telephone:
medical examination; and (3) each involved in segments of America’s
driver must provide a copy of the 614–942–6477. Email: MCPSD@dot.gov.
agricultural transportation industry to If you have questions on viewing or
annual medical certification to the delay using ELDs. The applicants
employer for retention in the driver’s submitting material to the docket,
expressed their concerns about how the contact Docket Services, telephone (202)
qualification file or keep a copy of his/ ELD mandate would negatively impact
her driver’s qualification if he/her is 366–9826.
their industry if the exemption is not SUPPLEMENTARY INFORMATION:
self-employed. The driver must also granted. According to the applicants,
have a copy of the exemption when granting the exemption would achieve a I. Public Participation and Request for
driving, for presentation to a duly level of safety equivalent to the level Comments
authorized Federal, State, or local achieved by the ELD mandate. FMCSA
enforcement official. The exemption FMCSA encourages you to participate
requests public comment on the by submitting comments and related
will be rescinded if: (1) The person fails applicants’ application for exemption.
to comply with the terms and materials.
DATES: Comments must be received on
conditions of the exemption; (2) the Submitting Comments
exemption has resulted in a lower level or before February 26, 2018.
of safety than was maintained before it ADDRESSES: You may submit comments If you submit a comment, please
was granted; or (3) continuation of the identified by Federal Docket include the docket number for this
exemption would not be consistent with Management System (FDMS) Number notice (FMCSA–2017–0342), indicate
the goals and objectives of 49 U.S.C. FMCSA–2017–0342 by any of the the specific section of this document to
31136(e) and 31315. following methods: which the comment applies, and
• Federal eRulemaking Portal: provide a reason for suggestions or
V. Preemption www.regulations.gov. See the Public recommendations. You may submit
During the period the exemption is in Participation and Request for Comments your comments and material online or
effect, no State shall enforce any law or section below for further information. by fax, mail, or hand delivery, but
regulation that conflicts with this • Mail: Docket Management Facility, please use only one of these means.
exemption with respect to a person U.S. Department of Transportation, 1200 FMCSA recommends that you include
operating under the exemption. New Jersey Avenue SE., West Building, your name and a mailing address, an
daltland on DSKBBV9HB2PROD with NOTICES
Ground Floor, Room W12–140, email address, or a phone number in the
VI. Conclusion Washington, DC 20590–0001. body of your document so the Agency
Based upon its evaluation of the 60 • Hand Delivery or Courier: West can contact you if it has questions
exemption applications, FMCSA renews Building, Ground Floor, Room W12– regarding your submission.
the exemptions of the aforementioned 140, 1200 New Jersey Avenue SE, To submit your comments online, go
drivers from the vision requirement in between 9 a.m. and 5 p.m., Monday to www.regulations.gov and put the
49 CFR 391.41(b)(10), subject to the through Friday, except Federal holidays. docket number, ‘‘FMCSA–2017–0342’’
VerDate Sep<11>2014 20:14 Jan 25, 2018 Jkt 244001 PO 00000 Frm 00191 Fmt 4703 Sfmt 4703 E:\FR\FM\26JAN1.SGM 26JAN1](https://thefederalregister.org/doc/83_FR_3879/page/3.svg)
Document Created: 2018-10-26 10:05:28
Document Modified: 2018-10-26 10:05:28
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of renewal of exemptions; request for comments. | |
| Dates | Each group of renewed exemptions were applicable on the dates stated in the discussions below and will expire on the dates stated in the discussions below. Comments must be received on or before February 26, 2018. | |
| Contact | Ms. Christine A. Hydock, Chief, Medical Programs Division, 202-366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224, Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826. | |
| FR Citation | 83 FR 3861 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR